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Overview Shareholders Of Councel Associates
 
August G. Cifelli
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Phone: 206.621.3485   Toll Free: 877.624.7990   Fax: 206.624.5944   Eml: agc@leesmart.com

August G. Cifelli is a shareholder in the firm Lee Smart, whose practice emphasizes serious injury claims from vehicle accidents, mechanical design/product liability, and auto dealership cases. A native of Philadelphia, Pennsylvania, Gus earned his B.A. degree in Psychology at the University of Notre Dame in 1977. He earned his J.D. from Notre Dame in 1981. He is also admitted to practice before the Supreme Court of the United States. Gus has been a speaker at several CLE seminars addressing accident litigation and personal injury settlements.

Mr. Cifelli has had formal training as a mediator and he has been a guest lecturer for the torts department at the Notre Dame Law School. Gus is rated “AV” by Martindale Hubbell, and also serves on the regional faculty for the National Institute for Trial Advocacy. He has been consistently named as a Washington State Super Lawyer by Washington Law and Politics magazine, and was similarly honored as a Top Attorney in Washington in summer, 2008. Mr. Cifelli also volunteers as a member of the Juvenile Court Diversion Program.

Mr. Cifelli has successfully defended numerous cases involving varied aspects of truck and heavy equipment operation. This representation has included vehicle collisions, worksite accidents, and mechanical failures. He is regularly involved in the technical aspects of accident reconstruction and failure analysis. Mr. Cifelli has also represented designers, and manufacturers, component manufacturers, distributors, dealers and retailers of equipment in all phases of litigation.

Representative Cases

  • Foster v. BMW of Bellevue - Defense verdict in jury trial defending BMW dealership. Plaintiff alleged that his car, which was damaged during a post-service test drive, suffered diminished value secondary to being repaired. Client dealer successfully argued that repairs returned the vehicle to factory specifications and that it had not suffered diminished value.
  • United States Forest Service/USDA v. Dey - Secured very favorable settlement and dismissal of US Forest Service claims alleging client linked to cause or origin of large forest fire. Challenged U.S. Forest Service claims on several jurisdictional and procedural grounds, resulting in very low six figure settlement of an 11.6 million dollar claim.
  • Stalling v. Zip Truck Lines; Kelly Hellewell - Defense verdict in arbitration defending trucker and employer. Plaintiff alleged that six vehicle accident was caused by negligence of client truck driver. The defense award resulted from successful argument for application of the emergency doctrine.
  • Frye v. Peterson - Secured very favorable settlement obtained for seriously injured passenger/client in claim against driver who failed to yield the right of way during a left turn in front of oncoming traffic.
  • Mkyrtchev v. Huling Bros. Buick ­ Obtained summary judgment dismissal of auto dealer against allegations of negligence in allowing vehicle to be test driven.
  • Glubrecht v. Hyster Sales & Service – Obtained dismissal without payment of a forklift servicing company against allegations of negligent repair, resulting in serious injuries.
  • Free v. General Motors Corp., Autoliv A.S.P. – Obtained a defense verdict of vehicle manufacturer against claims that particulate from an airbag deployment caused a fatal attack to an asthmatic driver. Prior to trial, secured no-cost dismissal of client airbag inflator module manufacturer Autoliv A.S.P. Following Autoliv’s dismissal, requested by General Motors to associate as counsel for trial.
  • Drippon v. Kitsap Towing – Successful defense of UIM claim against plaintiff's contention of permanent disability from tow truck accident.
  • Langston v. Airport Mechanical – Obtained dismissal without payment for sole defendant Jetway Maintenance Company defending against allegations of negligent repair.
  • Stewart v. D & S Transport – Defense award Jury trial of a negligence claim against client heavy equipment operator who allegedly caused extensive injuries to jobsite foreman during equipment operation.
  • Fischer v. Mack Trucks – Obtained favorable verdict in jury trial of a product liability case in which damages were sought for allegedly defective design of hood emblem/opening handle.
  • Petrich v. Pacific Delivery – Jury trial of a truck/car collision involving cross-claims against a co-defendant repair shop which performed brake repair shortly before the accident.
  • McPhie v. Sanco Northwest, Inc. – Jury trial of a no-collision, single vehicle truck accident in which decedent truck driver was killed while allegedly attempting to avoid our client's truck, which had spun out of control.
  • Conrad v. Greater Seattle Motorcycle Club – Jury trial of a negligence case alleging defective design of a motocross course and failure to warn participants of potential danger.
  • Gorman v. W.R. Grace, Inc. – Defense award arbitration of a product liability case in which damages were sought for the alleged failure of a liquid nitrogen storage tank.
  • Guzak v. York, etc. – Obtained two favorable verdicts for clients in two separate trials, defending them against claims to extinguish rights to waterfront and dock easements and in their claim to adjust a property boundary line.
  • Cordero v. Debra Trucking – Defense award jury trial of claim for negligence against client owner operator who collided with the rear of multiple stationary vehicles.
  • State v. Ebeling – Verdicts for defendant client in both civil and criminal actions by State alleging hit and run and negligent driving by client/operator of industrial repair truck.
  • Barkle v. Smith's Auto Wrecking – Secured dismissal of defendant wrecking yard which rebuilt and modified medium duty trucks against allegations that rebuilt truck was improperly designed, causing catastrophic failure and severe injuries to plaintiff.
  • Kinney v. Grade, Inc. – Secured dismissal of a heavy equipment operator against claims for extensive injuries resulting from a head-on collision caused by truck suspension failure.
  • Wolter v. Olympic Brake Supply – Secured dismissal of brake caliper rebuilder in case alleging brake failure and resultant collision.
  • Brown v. Avian Aeronautics – Represented an aircraft repair facility against claims by plaintiff and co-defendant manufacturer alleging negligent repair to aircraft magnetos.
  • Dahl v. Holley Carburetors Division, Colt Industries – Secured summary judgment dismissal of defendant carburetor manufacturer against claims by plaintiff that carburetor linkage was defectively designed, causing vehicle to lose control.
  • M/V Western Pioneer v. Motor & Ring Supply, Inc. – Represented defendant engine rebuilder against claims by plaintiff and co-defendants alleging engine failure caused by improper rebuilding of cylinder heads of vessel's main diesel engines.
  • Schukar v. Evergreen Speedway – Secured summary judgment dismissal of defendant race track in claim by participant injured when race vehicle left the track.
  • LaCroix v. Lee's Auto Rebuild – Secured summary judgment dismissal of defendant auto rebuild facility against claims for improper restorative repair and painting.
  • Magnuson v. Wilson Marine – Secured dismissal of defendant marine repair facility for alleged failure to diagnose and repair faulty venting system in outboard motorboat.
  • Smith v. Lakewood Industries – Secured summary judgment dismissal of defendant for alleged improper design and manufacture of race car clutch bellhousing.
  • Sousa v. Olympic Diesel – Secured dismissal of claims for negligent repair against client and settlement of client's claims on account for claims arising from repairs to fishing vessel main and auxiliary diesel engines.
  • Malmberg v. CNA – Favorable settlement of unfair claim practice allegations concerning disputed value of a collector automobile.
  • Havsy v. U.S.A.A. – Secured summary judgment dismissal of defendant insurance company against claims by health care provider for tortious interference with business expectancies.
  • Fish Company of Alaska v. Pacific Rim Diesel – Favorable settlement of client's claims on account and of counterclaims in action for allegedly negligent repair of fishing vessel engines.
  • Garski v. Greenwood Heating and Supply – Favorable settlement of multiple vehicle truck-pedestrian accident alleging serious head injuries.
  • McMahill v. Dickson, etc., – Achieved favorable settlement in admitted liability vehicle accident allegedly resulting in severe and disabling physical and psychiatric injuries to 50-year old career meat cutter.
  • Olszewski v. Sioux Tools, Snap-On – Favorable settlement of claim defending product manufacturer against alleged improper design of valve grinding machine.
  • SLH v. Corporation of the Catholic Archbishop of Seattle - Obtained summary judgment dismissal against allegations that school P.E. teacher failed to properly supervise free-period baseball game.
  • Hodges v. Sundown Auto/Marine, et al. - Obtained summary judgment dismissal of jet ski rental companies in admiralty case alleging improper rental procedures.

 

   
 
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